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In the past year, the IRS sharply increased the number of returns it audited, particularly those of high-income earners. According to a government official, this is an effort “to build public confidence in the tax system, encouraging voluntary compliance” and to make sure that both the low end and high end of the income scale are subjec...

Since the election, President Obama has reaffirmed his commitment to increasing marginal tax rates for upper income taxpayers while maintaining for lower income taxpayers the tax rates that have been in place since 2001. The basic theme is to reverse for upper income taxpayers the tax benefits conferred by the Economic Growth and Tax Relief Reconci...

Advisors should protect their clients who own fine art and other collectibles from financial loss with properly executed tax and estate planning. This article highlights two recent examples of how oversights, such as defective title, create marketability challenges that may result in substantial financial consequences for collectors.

More and more states are recognizing same-sex marriage. Although marriage and its legal implications are governed by state law, for federal purposes the Defense of Marriage Act (DOMA) defines marriage as a relationship between one woman and one man. This inconsistency creates some tax planning challenges for same sex couples.

Incentives, credits, and deductions within the U.S. tax system are currently in the spotlight, and most advisors are aware that unprecedented exemptions for gift and estate taxes are set to expire on December 31, 2012. Less clear, however, is how families can manage their assets to capitalize on the credits before the window closes. This article lo...

Personal liability for family members serving individually as a trustee can result from improper asset allocation, lack of diversification, unacceptable due diligence and monitoring, environmental issues with real estate, and other distribution and/or investment issues. The directed trust and private family trust company (PFTC) are two great option...

The term “family bank” grew from the idea that a Dynasty Trust can act much like a traditional bank by providing resources to fund particular needs of beneficiaries in successive generations, for instance, purchasing real estate and other large assets, funding business endeavors, providing family distributions to fund “health, edu...

The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (2010 Tax Act) reinstated the gift, estate and generation-skipping transfer (GST) taxes that were repealed earlier in 2010. The reinstatement comes with increased transfer tax exemptions and favorable rates for 2012. Get a closer look at the details in this white pa...

Modifications, reformations and decanting of a trust have all gained in popularity as a result of modernized trust laws, changes in family circumstances and/or a desire to change trust administration. This paper looks at some of the benefits of South Dakota's decanting, modification and reformation statutes.

The “Tax Relief, Unemployment Insurance & Job Creation Act of 2010” (TRA 2010) reunified the gift and estate tax systems and increased the amount a person can transfer to children and future generations during lifetime or at death to $5,000,000. As of the beginning of 2012, indexing puts that number at $5,120,000. The window on this...

This paper reviews the expanded federal gift exemption that is set to expire at the end of 2012 and the tax differences that are set to occur on gifts given before and after December 31, 2012. Hemenway & Barnes also reviews various trust instruments, including a generation-skipping trust and a grantor trust.

Over the past several months, private investors and their advisors have been pondering the wisdom of accelerating long-term capital gains in the 2012 tax year. This paper looks at why.

Current law provides that on January 1, 2013, income tax rules revert to significantly higher pre-2001 levels. In addition, it appears that the new Medicare Hospital Insurance taxes for high-income individuals will go into effect in 2013 following the Supreme Court’s decision to uphold the majority of the Obama health care law. Congress is unlikely...

This white paper details strategies that take advantage of today’s favorable wealth transfer climate, and some important planning ideas designed to prepare your estate for the uncertainties of 2013.

Proposals to reduce federal debt have largely missed the mark. That is certainly the case when it comes to suggestions to replace tax-exempt municipal bonds with taxable alternatives or federally subsidized tax credit options. These alternatives not only produce much less in revenue for the US Treasury than most assume, they also result in a loss o...